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(영문) 전주지방법원 2017.06.15 2017고합11

강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2016, from around 23:40 to the next day 00:20 on October 5, 2016, the Defendant: (a) was fluencing from D located in Yansan-gu, Jeonju-si to work together with daily behaviors; (b) was fluencing the victim E (the age of 22) remaining after being mixed; (c) was flucing the victim to rape; and (d) allowed the victim to leave the “G” room located in Hujin-gu, Seojin-gu, Seoul to rest in the taxi.

Defendant 1: (a) putting the arms and shoulder of the victim who resisted to avoid entering the said telecom, putting the victim's arms and shoulder up to 502 heading room; (b) forced the victim's clothes; and (c) placed the victim on the bed; and (d) placed the victim on the bed on the bed; and (c) “I am the victim’s clothes.”

With the victim’s body called “I wish to kill and die”, the victim’s son was unable to resist by pressure, such as putting the victim’s son and son in hand, taking the son and son in arms, etc., and subsequently, the victim’s son and son was forced to put the victim’s son and the victim’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Complaint;

1. Application of the investigative report (receipts and photographs attached thereto), photographs attached thereto, investigation reports (related to CCTV images), video CDs attached thereto, investigation reports (Listening to the victim's telephone statement related to the time of damage), and the Acts and subordinate statutes of the response to requests for appraisal;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.